Intellectual Property, Sołtysiński Kawecki & Szlęzak updates

Poland

Contributed by Sołtysiński Kawecki & Szlęzak
Implementing EU Trade Secrets Directive into Polish legal system
  • Poland
  • April 16 2018

The Polish legislature is in the process of implementing the EU Trade Secrets Directive. The new legislation is considered to be generally compliant with the directive and is likely to come into force on June 9 2018. While the legislature should be praised for its attempt to implement the directive on time, work appears to be progressing too quickly in order to discover and eliminate possible deficiencies and guarantee the directive's full implementation.

New act on collective management of copyright and related rights
  • Poland
  • January 15 2018

There is an urgent need to improve the collective management system in Poland. The recent proposed introduction of the extended collective licensing model offers a chance to solve the existing legal and practical problems, but any such change should be considered and consistent with the whole collective management system in order to avoid further complications and the creation of new weaknesses in the legal framework.

Can Polish patents be limited in invalidity proceedings?
  • Poland
  • October 23 2017

There is a need for Polish patent law to provide for an explicit procedure that allows for the amendment of patent claims during invalidity proceedings. Although two theoretical options exist, the lack of well-established case law means that their viability remains uncertain. However, it is hoped that the admissibility of these options will be assessed by the Patent Office and the courts in the near future, as patent holders have become more interested in exploiting less obvious means of defending their patents.

Reform of justice system may result in controversial changes to protection software
  • Poland
  • August 14 2017

The legislature recently adopted changes that could be of major importance for entities that provide IT systems to the courts and judicial authorities. According to the Act amending the Act on the Common Court System, the minister of justice will acquire the right to decide unilaterally whether judicial authorities can use software if an important state or justice interest requires an efficiency of performance or continuity of operation and an agreement with a copyright holder is troublesome.

Calculating amount of benefits unlawfully obtained from trademark infringement
  • Poland
  • May 29 2017

Under the Industrial Property Law, a rights holder may demand that an infringer surrender any benefits obtained unlawfully by way of trademark infringement. In practice, calculating the amount of profits can be challenging. While the amount of profits should be calculated on a case-by-case basis, there are some general principles that should be considered.


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